Supreme Court refuses to allow a widow to terminate a 32-week pregnancy saying, “no abnormality in the foetus”

On January 31, 2024 (Wednesday), the Supreme Court (SC) bench consisting of Justice Prasanna B. Varale and Justice Bela M. Trivedi dismissed a petition filed by a 26-year-old widow to terminate her over 32-week pregnancy. While refusing to allow the termination of pregnancy, the bench noted that the medical board opined against it stating that there was no abnormality in the foetus. Moreover, the SC refused to interfere with the Delhi High Court’s decision allowing the widow to terminate her then 29-week pregnancy considering that she was suffering from trauma after the death of her husband. Considering the current situation, the bench said, “It’s a 32-week foetus. How can it be terminated? The medical board has also said that it cannot be terminated. It is a matter of two weeks, then you can give it for adoption if you want.” 

During the court proceedings, Advocate Amit Mishra, who appeared for the woman, said “She is a widow (her husband died in October last year) and she does not want to live with this trauma. This pregnancy is against her choice and wishes that will cause further trauma.” In this context, the SC said that every point including the opinion of the medical board has been taken into consideration by the HC. Justice Trivedi said, “We cannot go beyond the opinion of the medical board. The medical board has opined there is no abnormality and it is a normal foetus.” She also added that the medical board opined that the woman too would not have any risk if she continued the pregnancy. After hearing the contentions, the SC refused to grant permission to a woman to terminate her over 32-weeks pregnancy.